Chapter 74. The Right to Integrated Circuit Layout-Designs

Article 1448. The Integrated Circuit Layout-Design

1. The integrated circuit layout-design (topology) is a spatial-geometric arrangement of an array of integrated circuit elements fixed on a material medium and the interconnections thereof. Here, the integrated circuit is a microelectronic article of a final form or an intermediate form intended for performing the functions of an electronic circuit whose elements and connections are integrally formed in, and/or on the surface of, the material on the basis of which the article is manufactured.

2. The legal protection granted by the present Code extends only to an original integrated circuit layout-design created as the result of a creative activity of the author and unknown to the author and/or specialists in the field of integrated circuit topography development as of the date when it was created. An integrated circuit layout-design shall be deemed original, unless otherwise proven.
An integrated circuit layout-design composed of the elements known to specialists in the field of in integrated circuit topography development as of the date of creation thereof shall enjoy legal protection if the entirety of such elements meets the originality requirement.

3. The legal protection granted by the present Code does not extend to the ideas, methods, systems, technologies or encoded information that can be embodied by an integrated circuit layout-design.

Article 1449. Rights to an Integrated Circuit Layout-Design

1. The author of an integrated circuit layout-design that qualifies for legal protection under the criteria set out in the present Code (layout-design) owns the following intellectual rights:
1) an exclusive right;
2) the right of attribution.

2. In the cases specified by the present Code the author of an integrated circuit layout-design also owns other rights, including the right to a fee for the use of the service layout-design.

Article 1450. The Author of an Integrated Circuit Layout-Design
The author of an integrated circuit layout-design is the citizen by whose creative labour the layout-design has been created. The person indicated as the author in an application for a certificate of state registration of an integrated circuit layout-design is deemed the author of the layout-design, unless otherwise proven.

Article 1451. The Co-Authors of an Integrated Circuit Layout-Design

1. The citizens who have created an integrated circuit layout design by joint creative labour shall be deemed co-authors.

2. Each of the co-authors is entitled to use the layout-design at his own discretion, except as otherwise envisaged by agreement between them.

3. The relationships of the co-authors that have to do with the distribution of incomes from the use of the layout-design and with disposing of the exclusive right to the layout-design respectively are subject to Item 3 of Article 1229 of the present Code.

The co-authors shall jointly dispose of the right of obtaining a certificate of state registration of the integrated circuit layout design.

 

 

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